Last Update: August 12, 2024
QUICK FACTS
Notary Jurisdiction
Notaries Public: Statewide (GC 8200).
Military-Base Notaries: Federal civil servants commissioned to serve as Notaries on a U.S. military base in California may notarize only on that base (GC 8203.2).
Notary Term Length
Notaries Public: Four years (GC 8204).
Military-Base Notaries: The commission of a Notary serving on a U.S. military base is terminated if the Notary ceases to be a federal civil-service employee on that base (GC 8203.4).
Notary Bond
$15,000 (GC 8212).
Notary Seal
Required (GC 8207).
Notary Journal
Required (GC 8206).
ADMINISTRATION AND RULES
Commissioning Official
The California Secretary of State appoints, commissions, regulates and maintains records on the state’s Notaries (GC 8200).
Contact Information
Address: Office of Secretary of State Notary Public Section
P.O. Box 942877
(1500 11th St., 2nd Floor) Sacramento, CA 94277-0001Phone: 916-653-3595
Website: www.sos.ca.gov/notary
Laws, Rules and Guidelines
Laws: Most Notary statutes are in: California Government Code (GC), Title 2, Division 1, Chapter 3, “Notaries Public”; California Civil Code (CC), Division 2, Part 4, Title 4, Chapter 4, Article 3, “Proof and Acknowledgment of Instruments.”
Rules: Regulations governing education providers, commissioning, and disciplinary procedures are found in the Code of California Regulations (CCR) Title 2, Division 7, Chapter 8 “Notaries Public.”
Guidelines: Other guidelines for Notaries are in the “Notary Public Handbook” (revised 2024) (NPH), “Sample Workbook: Duties and Functions of a California Notary Public 2017” (SW), and the “Notary News” (NN) newsletters, issued by the California Secretary of State and available on the website.
COMMISSION AND APPOINTMENT
Commission Process
Qualifications: An applicant for a commission as a California Notary Public (GC 8201[a][1] and [2]):
(a) must be at least 18 years old; and
(b) must be a legal resident of California.
An applicant who is being commissioned to notarize on a military base on the recommendation of the commanding officer need not be a legal resident of the state but must be a U.S. citizen and a federal civil service employee on the base (GC 8203.1, 8203.2 and 8203.3). “[A] a notary public does not need to be a United States citizen; however, California law requires that a notary public appointed to serve on a military or naval reservation must be a United States citizen” (SW, page 6).
Applicants also must pass a background check by both the FBI and the California Department of Justice, including submission of fingerprints (GC 8201.1[a] through [d]). “Applicants found to be non-compliant with child or family support orders will be issued temporary term notary public commissions. Notaries public found to be non-compliant after the commission is issued may be subject to commission suspension or revocation” (website, “Qualifications”; see also Family Code 17520).Course: For all commissions issued on or after July 1, 2005, applicants must take an approved six-hour course of study at least once (GC 8201[a][3]). Upon completing the required course, applicants receive a Proof of Completion certificate, which is valid for two years (website, “Checklist: Complete Approved Education”). The course is offered by private vendors, who must follow the Secretary of State’s regulations for having courses reviewed and approved (GC 8202.2[a] and 2 CCR 20800 et seq.). Statute also allows the Secretary of State to offer a course of instruction (GC 8201.2[b][2]).
Exam: After taking a mandatory education course, applicants must pass a proctored written examination, based on the Notary Public Handbook (GC 8201[a][4] and 2 CCR 20803). A passing score is 70%, and exam results are good for one year (website, “Frequently Asked Questions” and “Checklist: Take the Exam”). The state-contracted proctor for each exam is CPS HR (CPS); registration for the exam with CPS can be made online or by calling (916) 263-3520. Results are available 15-20 business days after the exam date and are mailed or emailed (if the applicant has registered an email address) to the applicant by CPS. Exam results will not be discussed over the phone (website, “Checklist: Register for the Exam” and “Checklist: Take the Exam”).
Applicants must bring the following items to the exam site:
(a) current photo identification (e.g., driver’s license or nondriver’s ID card);
(b) a completed application form;
(c) a 2-by-2-inch color passport photo of the applicant;
(d) the Proof of Completion certificate for the course;
(e) the registration confirmation letter; and
(f) the $40 testing and application fee (or $20 for persons retaking the exam after an initial failure), payable to “Secretary of State.”
Applicants may test only once per calendar month (GC 8201[b] and 8201.5; 2 CCR 20802 and 20803; website, “Checklist: Take the Exam”).Application: The applications of applicants who pass the exam are sent to the Secretary of State for processing (website, “Checklist: Take the Exam”).
“The notary public application processing time varies depending on when we receive your correctly completed notary public application and when we receive your background check information from the California Department of Justice for your Live Scan fingerprints. Please refer to our Processing Times webpage for daily updated processing information” (website, “Frequently Asked Questions”).Background Screening: “(b) Applicants shall submit to the Department of Justice fingerprint images and related information required by the department for the purpose of obtaining information as to the existence and content of a record of state and federal convictions and arrests and information as to the existence and content of a record of state and federal arrests for which the department establishes that the person is free on bail, or on his or her recognizance, pending trial or appeal.
“(c) The department shall forward the fingerprint images and related information received pursuant to subdivision (a) to the Federal Bureau of Investigation and request a federal summary of criminal information.
“(d) The department shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the Secretary of State pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code” (Government Code 8201.1).
“All applicants are required to disclose on their application any arrests for which trial is pending and all convictions” (website, “Qualifications”). However, “information on [the] form filed by an applicant with the Secretary of State, except for his or her name and address, is confidential.… That information shall be used by the Secretary of State for the sole purpose of carrying out the duties of this chapter” (GC 8201.5). “Your address is public information because any person has the right to request a line item from a notary public’s journal and must be able to contact you to make such a request” (NN, 2015).
Once their application has been received, applicants are sent information about providing a full set of fingerprints at an electronic Live Scan site. The prints are submitted to the California Department of Justice and to the FBI for a criminal background check on the applicant. Electronic fingerprinting is required of all first-time and renewing applicants. Prints must be taken within one year of the exam, or retesting will be required. The following items must be brought to the Live Scan site:
(a) current photo identification;
(b) a completed “Request for Live Scan Service” form, downloadable on the Secretary of State’s website; and
(c) the fingerprint processing fees and an additional “rolling fee,” which may vary from site to site (GC 8201.1[f]; website, “Checklist: Submit Fingerprints via Live Scan”).Oath and Bond: Upon commissioning, the Notary is mailed a packet that includes (a) a cover letter and instructions on how to proceed; (b) the commission certificate; (c) two Notary Public Oath and Certificate Filing forms; (d) a Certificate of Authorization to Manufacture Notary Public Seals; and (e) a list of authorized seal manufacturers (website, “Checklist: Await Commission Packet”).
In-Person Filing: The new Notary has 30 calendar days from the commencement date of the commission to take an oath of office before, and file the oath and a $15,000 surety bond with, the clerk of the county in which the Notary maintains a principal place of business. Effective January 1, 2017, a new Notary must present an acceptable ID document to the county clerk when taking the oath of office and filing the bond (GC 8213[a]).
Filing by Certified Mail or Delivery: Alternatively, the oath may be taken before a Notary in that county, and the oath and bond then may be filed by certified mail or any method of physical delivery that provides a receipt with the county clerk within 30 days. A copy of the oath is then sent to the Secretary of State, with the original retained by the county clerk for at least one year after commission expiration. The bond is sent to the county recorder for recording, after which it is mailed back to the Notary (GC 8212 and 8213[a] and [e]).
Failure to Timely File: If the applicant fails to file the oath and bond within the prescribed time, the applicant must reapply. New and renewing Notaries who completed an approved six-hour course of study and passed the exam must attach a current Proof of Completion certificate and the required photo to a new application and submit them, along with a check for $20, to the Secretary of State. Because the commission has expired, renewing Notaries who completed a three-hour refresher course must retake the six-hour course and exam. They must submit a new Proof of Completion certificate for the six-hour course, a new application, the required photo and the $20 fee. In all cases, the applicant will need to have his or her fingerprints retaken at a Live Scan site (NPH).
Reappointment: Renewing Notaries must take a three-hour refresher course and the exam (GC 8201[a][4] and 8201[b][2]). Taking a six-hour course again satisfies the three-hour course requirement. To qualify for the three- hour course, renewing Notaries must take the exam and submit an application before the current commission expires; otherwise, they must retake the six-hour course. To avoid a gap between commissions, renewing Notaries should take the exam at least six months prior to the date on which their current commission expires. “If all application requirements are met, your new notary public commission will be issued 30 days prior to the expiration date of your current notary public commission” (website, “Frequently Asked Questions”). Once commissioned, the Secretary of State will mail the new commission not earlier than 30 days prior to the expiration of the current commission (NPH).
Nonresidents: A nonresident of California may not become a Notary in the state.
Online Search
By clicking “Notary Public Listing” on the website, anyone can download a list of Notaries who hold active commissions in California. The active-Notary file is updated daily and includes:
(a) Notary’s full name and suffix, if any;
(b) name of the Notary’s employer, if any;
(c) Notary’s mailing address;
(d) county in which the Notary’s oath and bond are filed; and
(e) commission number and expiration date. For information on inactive Notary commissions (expired, revoked, suspended or failed to qualify), the Notary Public Section must be contacted (website, “Notary Public Listing”).
Jurisdiction
Notaries Public: “Notaries public may act as such notaries in any part of this state” (GC 8200).
Military-Base Notaries: Federal civil servants commissioned to serve as Notaries on a U.S. military base in California may notarize only on that base (GC 8203.2).
Term Length
Notaries Public: The term of office of a notary public is for four years commencing with the date specified in the commission (GC 8204).
Military-Base Notaries: The commission of a Notary serving on a U.S. military base is terminated if the Notary ceases to be a federal civil-service employee on that base (GC 8203.4).
Bond
Requirement: “Every person appointed a notary public shall execute an official bond in the sum of fifteen thousand dollars ($15,000). The bond shall be in the form of a bond executed by an admitted surety insurer and not a deposit in lieu of bond” (GC 8212).
Statute of Limitations: “Within three years …
“(f) (1) An action against a notary public on the notary public’s bond or in the notary public’s official capacity except that a cause of action based on malfeasance or misfeasance is not deemed to have accrued until discovery, by the aggrieved party or the aggrieved party’s agent, of the facts constituting the cause of action.
“(2) Notwithstanding paragraph (1), an action based on malfeasance or misfeasance shall be commenced within one year from discovery, by the aggrieved party or the aggrieved party’s agent, of the facts constituting the cause of action or within three years from the performance of the notarial act giving rise to the action, whichever is later.
“(3) Notwithstanding paragraph (1), an action against a notary public on the notary public’s bond or in the notary public’s official capacity shall be commenced within six years (Code of Civ. Procedure 338[f]).
Changes of Status
Address Change: Notaries who move their business, residence and/or mailing address must inform the Secretary of State in writing, by certified mail or any means of physical delivery that produces a receipt, within 30 days of the move. Willful failure to do so may result in a fine of up to $500 (GC 8213.5). A letter or the Secretary’s change of address form, available on the website, may be used (NPH). An Address Change form is available for this purpose from the Secretary of State’s website. “A notification of address change cannot be accepted by fax or email” (NN, 2014). Because California Notaries have statewide jurisdiction, Notaries who move their principal place of business from one county to another need not refile their oath and bond in the new county. If they choose to do so, however, they must file either a new bond or duplicate of the original bond and a new oath. Within 30 days of the filing, they must obtain a new seal bearing the name of the new county (GC 8213[b]).
Name Change: If a Notary changes his or her name, a Notary Public Name Change Application form must be filed with the Secretary of State. Willful failure to do so may result in a fine of up to $500 (GC 8213.6). After receiving the completed form, the Secretary will issue an amended commission in the Notary’s new name. Within 30 days after issuance of the amended commission, the Notary must file a new oath of office and a bond amendment with the clerk of the county in which the Notary’s principal place of business is located. Within 30 days after the filing, the Notary must obtain a seal with the new name (GC 8213[c]).
Resignation: “If you want to resign your commission, send a letter of resignation to the Secretary of State’s office; within 30 days deliver all of your notarial journals, records, and papers to the county clerk in which your current oath of office is on file; and destroy the seal” (NPH; see also GC 8209).
NOTARIAL ACTS
Authorized Acts
Notarial Acts: California Notaries are authorized to perform the following notarial acts:
Take acknowledgments and proofs (GC 8205[a][2]; CC 1195[a][2]);
Administer oaths and affirmations (GC 8205[a][3]).
Take depositions and affidavits (GC 8205[a][3]).
Certify copies of powers of attorney (GC 8205[a][4]; Probate Code 4307[b][2]) or copies of entries in the Notary’s own journal if ordered by the Secretary of State (GC 8205[b][1]) or by a court (GC 8206[e]);
Issue confidential marriage licenses after being approved by a local county clerk (Family Code [FC] 530[a]).
Demand acceptance and payment of foreign and inland bills of exchange or promissory notes, and protest them for nonacceptance and nonpayment, “and, with regard only to the nonacceptance or nonpayment of bills and notes, to exercise any other powers and duties that by the law of nations and according to commercial usages, or by the laws of any other state, government, or country, may be performed by notaries” (GC 8205[a][1]; see also GC 8208). Only certain employees of financial institutions are permitted to perform a protest.
Act as an independent third party inspector of an election in a “common interest development” (an incorporated or unincorporated homeowners association) (CC 5110[b]).
Countersign deer and elk tags (Fish and Game Code [FGC 4341 14 CCR 708.6[c]).
Acknowledgments
Requirements: In executing an acknowledgment, the Notary certifies:
(a) that the signer personally appeared before the Notary on the date and in the county indicated;
(b) to the identity of the signer; and
(c) that the signer acknowledged executing the document (NPH; see also “Standards of Practice > “Identification,” below).
“An acknowledgment … [may not] be affixed to a document that has been mailed or otherwise delivered to a notary public where the signer did not personally appear before the notary public, even if the notary public knows the signer” (NN, 2015).
“Signers requesting an acknowledgment should be asked: ‘Do you acknowledge that this is your signature and that you signed this document?’” (NN, 2012).
Proofs
Definition: “A subscribing witness is one who sees a writing executed or hears it acknowledged, and at the request of the party thereupon signs his name as a witness” (Code of Civil Procedure [CCP] 1935).
Requirements: Proofs of execution by a subscribing witness have long been prohibited by law on grant deeds, mortgages, deeds of trust, quitclaim deeds and security agreements. Effective January 1, 2012, proofs of execution also are prohibited on powers of attorney and on any instrument that requires the Notary to obtain a journal thumbprint from the signer of the document. In addition, effective January 1, 2013, proofs of execution may not be executed on any instrument affecting real property. Proofs are still allowed on trustee’s deeds resulting from a decree of foreclosure or from a non-judicial foreclosure pursuant to CC 2924 and on deeds of reconveyance (GC 27287; CC 1195[b]).
“The subscribing witness must prove that the person whose name is subscribed to the instrument as a party is the person described in it, and that such person executed it, and that the witness subscribed his name thereto as a witness” (CC 1197).
In the event a subscribing witness and principal are dead, cannot be found or refuse to appear, there are procedures for a proof through handwriting (CC 1198 and 1199).
Oaths and Affirmations
Definition: “‘Oath’ includes affirmation” (GC 15).
Requirements
Jurats: Oaths and affirmations are most often administered by Notaries for in connections with performing jurats on affidavits and other sworn documents (see “Affidavits,” below).
Stand-alone Oaths, Affirmations: Oaths and affirmations may also be administered by Notaries as stand-alone notarial acts.
Form of Oath, Affirmation: “An oath, affirmation, or declaration in an action or proceeding, may be administered by obtaining an affirmative response to one of the following questions:
“(1) ‘Do you solemnly state that the evidence you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth, so help you God?’;
“(2) ‘Do you solemnly state, under penalty of perjury, that the evidence that you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth?’” (CCP 2094[a]).
Depositions
Authority: “When requested, it is a duty of a notary public to take depositions” (SW).
Requirements: “[A] notary public cannot record and transcribe an oral deposition in shorthand unless the notary public is also a certified shorthand reporter and licensed by the Court Reporters Board of California. A notary public may take an oral deposition by writing it out in longhand or typing it out longhand on an electronic device” (SW).
Affidavits
Definition: “A document containing statements sworn or affirmed by the signer to be true and correct typically is referred to as an ‘affidavit’ … and the signer will be said to be 'subscribing and swearing (or affirming) to’ the contents of the affidavit” (SW).
Requirements
Notary Certifications: In executing a jurat on an affidavit or other sworn statement, the Notary certifies:
(a) that the signer personally appeared before the Notary on the date and in the county indicated;
(b) that the signer signed the document in the presence of the Notary;
(c) that the Notary administered the oath or affirmation; and
(d) to the identity of the signer (NPH; see also “Standards of Practice” > “Identification,” below).Personal Appearance: “A jurat [may not] be affixed to a document that has been mailed or otherwise delivered to a notary public where the signer did not personally appear before the notary public, even if the notary public knows the signer…. A notary public cannot attach or complete a jurat if the signer of a document does not swear or affirm to the truth of the contents of the document” (NN, 2015).
Identification: “When executing a jurat, a notary … shall determine, from satisfactory evidence as described in Section 1185 of the Civil Code, that the affiant is the person executing the document” (GC 8202[a]).
Ceremony: “When executing a jurat, a notary shall administer an oath or affirmation to the affiant… The affiant shall sign the document in the presence of the notary” (GC 8202[a]).
Oath Form: When a Notary executes a jurat, “[t]here is no prescribed wording for the oath, but an acceptable oath would be ‘Do you swear or affirm that the statements in this document are true?’ When administering the oath, the signer and notary public traditionally each raise their right hand but this is not a legal requirement” (NPH).
Verify Birthdate or Age: “If a notary public executes a jurat and the statement sworn or subscribed to is contained in a document purporting to identify the affiant, and includes the birth date or age of the person and a purported photograph or finger- or thumbprint of the person so swearing or subscribing, the notary public shall require, as a condition to executing the jurat, that the person verify the birth date or age contained in the statement by showing either:
“(a) A certified copy of the person’s birth certificate, or
“(b) An identification card or driver’s license issued by the Department of Motor Vehicles” (GC 8230).USCIS Forms: For the purposes of preparing for submission forms required by the U.S. Citizenship and Immigration Services, and only for such purposes, a Notary Public may also accept for identification any documents or declarations acceptable to the USCIS (GC 8230).
Copy Certifications
Powers of Attorney: “A copy of a power of attorney may be certified by any of the following … (2) A notary public in this state” (Probate Code 4307[b][2]).
“The certification shall state that the certifying person has examined the original power of attorney and the copy and that the copy is a true and correct copy of the original power of attorney” (Probate Code 4307[c]).Journal Entries: “It shall further be the duty of a notary public, upon written request … (1) To furnish to the Secretary of State certified copies of the notary’s journal” (Gov’t Code 8205[b][1]).
“The notary public shall provide the journal for examination and copying in the presence of the notary public upon receipt of a subpoena duces tecum or a court order, and shall certify those copies if requested” (Gov’t Code 8206[e]).
Confidential Marriages
Definition: The policy behind confidential marriage in California was expressed by the court in the case of Encinas v. Lowthian Freight Lines, Inc. (Cal. App. May 10, 1945), 69 Cal. App. 2d 156, 158 P.2d 575, 1945 Cal. App. LEXIS 642: “The obvious public policy behind [previously codified] section 79 of the Civil Code is to shield the parties and their children, if any, from the publicity of a marriage recorded in the ordinary manner, and thereby to encourage unmarried persons who have been living together as man and wife to legalize their relationship. It is promotive of this beneficent legislative purpose to extend the privileges of [previously codified] section 79 to all persons who are capable of contracting marriage without parental consent.”
Authority: “The county clerk shall issue a confidential marriage license upon the request of a notary public approved by the county clerk to issue confidential marriage licenses pursuant to Chapter 2 (commencing with Section 530) and upon payment by the notary public of the fees specified in Sections 26840.1 and 26840.8 of the Government Code. The parties shall reimburse a notary public who issues a confidential marriage license for the amount of the fees” (FC 503).
Approval Process: Sections 530 through 536 of the Family Code regulates the approval process for Notaries who seek to issue confidential marriage licenses.
Application with County Clerk: “A notary public who is interested in obtaining authorization to issue confidential marriage licenses may apply for approval to the county clerk in the county in which the notary public resides. A notary public must not issue a confidential marriage license unless he or she is approved by the county clerk having jurisdiction. The county clerk offers a course of instruction, which a notary public must complete before authorization will be granted. Additionally, in order for a notary public to perform the marriage, he/she must be one of the persons authorized under Family Code sections 400 to 402 (e.g., priest, minister, or rabbi). The county clerk in the county where the notary public resides may or may not approve the authorization to issue confidential marriage licenses. The county clerk should be consulted if the notary public is interested in obtaining approval” (NPH; see also FC 530).
One County Only: Authorization to issue confidential marriage licenses only applies in the one county where the Notary resides.
Fee: The fee for an application for approval to authorize confidential marriages is $300 (FC 536[a]).
Protests
Definition: A protest is a certificate of dishonor made by a United States consul or vice-consul, or a notary public during the course and scope of employment with a financial institution or other person authorized to administer oaths by the laws of any other state, government, or country in the place where dishonor occurs” (Uniform Commercial Code (UCC) 3505[b]).
Limitation: Effective January 1, 2012, only Notaries employed by a financial institution who perform protests in the course of their employment may perform this notarial act (GC 8205[a][1]).
Requirements: “[A protest] may be made upon information satisfactory to that person. The protest shall identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (UCC 3505[b]).
Homeowner Association Elections
Authority: “The association shall select an independent third party or parties as an inspector of elections. The number of inspectors of elections shall be one or three…. For the purposes of this section, an independent third party includes, but is not limited to, a volunteer poll worker with the county registrar of voters, a licensee of the California Board of Accountancy, or a notary public” (CC 5110[a] and [b]).
Requirements
Qualifications: “An independent third party may be a member, but may not be a director or a candidate for director or be related to a director or to a candidate for director. An independent third party may not be a person, business entity, or subdivision of a business entity who is currently employed or under contract to the association for any compensable services unless expressly authorized by rules of the association adopted pursuant to paragraph (5) of subdivision (a) of Section 5105” (CC 5110[b]).
Duties: “The inspector or inspectors of elections shall do all of the following:
“(1) Determine the number of memberships entitled to vote and the voting power of each.
“(2) Determine the authenticity, validity, and effect of proxies, if any.
“(3) Receive ballots.
“(4) Hear and determine all challenges and questions in any way arising out of or in connection with the right to vote.
“(5) Count and tabulate all votes.
“(6) Determine when the polls shall close, consistent with the governing documents.
“(7) Determine the tabulated results of the election.
“(8) Perform any acts as may be proper to conduct the election with fairness to all members in accordance with this article, the Corporations Code, and all applicable rules of the association regarding the conduct of the election that are not in conflict with this article” (CC 5110[c]).Impartiality Required: “An inspector of elections shall perform all duties impartially, in good faith, to the best of the inspector of election’s ability, and as expeditiously as is practical. If there are three inspectors of elections, the decision or act of a majority shall be effective in all respects as the decision or act of all. Any report made by the inspector or inspectors of elections is prima facie evidence of the facts stated in the report” (CC 5110[d]).
Deer and Elk Tags
Authority: “Any person legally killing a deer in this state shall have the tag for that deer countersigned by a person employed by the department, a person designated for that purpose by the commission, a notary public, a postmaster, a peace officer, or an officer authorized to administer oaths, before transporting the deer, except to transport the deer to the nearest person authorized to countersign the tag, on the route from where the deer is taken to that person” (Fish and Game Code 4341).
“The following persons are authorized to countersign deer and elk tags: … Notaries Public” (14 CCR 708.6[c][3][C]).Requirements: “If asked to countersign a deer or bear tag, just sign the tag and identify yourself on the tag as a notary public. No notarial wording is necessary. Do not affix your notary seal on the tag and do not collect a fee. However, you must record the act in your journal” (Notary News 2014).
Note: According to 14 CCR 708.12(c), only employees of the Department of Fish and Game may countersign bear tags and that the regulation supersedes Fish and Game Code 4755, which states Notaries Public may countersign bear tags.
STANDARDS OF PRACTICE
Identification
Requirement
Acknowledgments: “The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is described in and who executed the instrument” (CC 1185[a]).
Jurats: When executing a jurat on an affidavit or other sworn statement, “a notary … shall determine, from satisfactory evidence as described in Section 1185 of the Civil Code, that the affiant is the person executing the document” (GC 8202[a]).
Credible Witnesses: Every credible witness must present to the Notary an acceptable identification document (see “Satisfactory Evidence,” #2 and #3, below). This holds true whether that witness is personally known by or is a stranger to the Notary (CC 1185[b][1][A] and [b][2]).
Subscribing Witnesses: Every subscribing witness must be identified on the oath or affirmation of a credible witness who personally knows the subscribing witness, is personally known by the Notary and presents to the Notary an acceptable identification document (see “Satisfactory Evidence,” #2 and #3, below) (CC 1196).
Personal Knowledge: Based on separate pieces of legislation taking effect January 1, 2008, and January 1, 2009, California Notaries are prohibited from using their own personal knowledge to identify document signers, credible witnesses or subscribing witnesses.
Satisfactory Evidence: Satisfactory evidence of identity “means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the person … is not the individual he or she claims to be and any one of the following” (CC 1185[b]):
Credible Witness (CC 1185[b][1]): The oath or affirmation of one credible witness personally known to the Notary and identified through statutorily prescribed ID cards (see “Satisfactory Evidence,” #2 and #3, below) or the oath or affirmation of two credible witnesses not personally known to the Notary and identified through statutorily prescribed ID cards, each swearing or affirming the following:
The witness personally knows the signer;
The signer is the person named in the document;
The witness does not have a financial interest and is not named in the document;
The signer does not have any of the IDs described in b. and c. below;
The witness has a reasonable belief that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification.
Written Identification Current or Issued in the Past Five Years (CC 1185[b][3]):
A California driver’s license or non-driver's ID;
A U.S. passport (or passport card);
An inmate identification card issued by the California Department of Corrections and Rehabilitation (if the inmate is in custody in prison); or
Effective January 1, 2015, any form of inmate identification issued by a sheriff’s department (if the inmate is in custody in a local detention facility).
Other Written Identification (CC 1185[b][4]): The following identification is acceptable provided it includes an identifying number and the photograph, signature and physical description of the bearer and they are current or issued in the past five years:
Effective January 1, 2017, a valid consular identification document issued by a consulate from the applicant’s country of citizenship;
A driver’s license or official non-driver's ID issued by a U.S. state;
A Canadian or Mexican driver’s license issued by an appropriate public agency;
A U.S. military ID;
Effective January 1, 2017, a valid foreign passport from the applicant’s country of citizenship;
An employee ID issued by an agency or office of a California city, county, or city and county; or
Effective January 1, 2017, an identification card issued by a federally-recognized tribal government.
Inspecting ID: “One of the most common types of fraud involves forged signatures on documents giving a thief access to money or control over another person’s property. Every notary public can help prevent fraud by inspecting the picture, description, signature, and serial number on the identification document presented by the signer” (NN, 2020).
Unauthorized ID Cards: “Social security cards, student identification, … visas, and voter registration cards, to name a few, are not acceptable forms of identification and cannot be used for notarial purposes.” (NN, 2016).
Check Description and Photograph: “Regardless of the type of identification document used to establish the identity of the signer(s), the notary public always must require the signer(s) to present the required identification document in person. The notary public should be confident that the person whose description and photograph on the identification document is the person who is presenting the identification. A notary public cannot be expected or required to make a distinction between a fraudulent identification card and a legitimate one; however, the notary public can confirm that the photograph and the description indicated on the identification document match the person appearing before them” (NN, 2018).
Safe Harbor: “An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with the provisions of law” (Civil Code 1185[c]).
The Notary’s “safe harbor” against liability was the subject of a recent court case in which a Notary notarized two deeds of trust for an individual who proved to be an impostor and absconded with nearly $4 million in proceeds from the closings of the two deeds of trust (North American Title Co., Inc. v. Gugasyan, 73 Cal. App. 5th 380).
“The Court of Appeal affirmed the grant of summary judgment on the negligence-based claims against the notaries and their surety. The court held that the safe harbor in Civ. Code, § 1185 (1) applies when a notary relies upon a driver's license that looks like one the Department of Motor Vehicles (DMV) would issue (and thus does not require a notary to verify with the DMV that the driver's license is, in fact, a legitimately issued license), (2) applies even if an expert opines that industry custom requires a notary to do more than the statutory safe harbor requires, and (3) is not overcome by the simple fact that the person who appeared before the notary was an imposter. The undisputed evidence raised no triable issue of fact on whether the contractor notary complied with [Civil Code] § 1185. He declared that his usual practice was to carefully examine the driver's license presented to him to make sure that the name, signature, and photograph on the license matched the name, signature, and appearance of the person appearing before him; to examine the license itself for authenticity in terms of texture and color; to record the information on the license in his notary book; and to refuse to notarize a document if there were any irregularities. Because the contractor notary notarized the deeds of trust and recorded the driver's license information provided on both occasions in his notary journal, his declaration established that he was presented with and reasonably relied upon a license purporting to be issued by the DMV and that he had no other evidence at the time that would give him pause. The escrow holder provided no contrary evidence” (California Reports Official Summary in the case of North American Title Co., Inc. v. Gugasyan, 73 Cal. App. 5th 380).
Foreign Languages
Foreign-Language Documents: “A notary public can notarize a signature on a document in a foreign language with which the notary public is not familiar since a notary public’s function only relates to the signature and not the contents of the document. The notary public should be able to identify the type of document being notarized for entry in the notary public’s journal. If unable to identify the type of document, the notary public must make an entry to that effect in the journal (e.g., ‘a document in a foreign language’). The notary public should be mindful of the completeness of the document and must not notarize the signature on the document if the document appears to be incomplete. The notary public is responsible for completing the acknowledgment or jurat form” (NPH).
Foreign-Language Signers: “When notarizing a signature on a document, a notary public must be able to communicate with the customer in order for the signer to either swear to or affirm the contents of an affidavit or to acknowledge the execution of the document. An interpreter should not be used, as vital information could be lost in the translation. If a notary public is unable to communicate with a customer, the customer should be referred to a notary who speaks the customer’s language” (NPH).
Signature by Mark
Definition: “‘Signature’ or ‘subscription’ includes mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto” (GC 16; see also CC 14 and CCP 17[a]).
Procedure: “A person who cannot write his or her name still can acknowledge his or her signature on a document, or subscribe and swear to an affidavit, by making a mark. (California Civil Code section 14.) To perform a notarization with a signature by mark, the notary public still performs the steps required for the appropriate notarial act, such as an acknowledgment or jurat. The notary public must use the appropriate form as well. The notary public must confirm the identity of the person making the mark, by satisfactory evidence. (California Civil Code section 1185.)” (SW).
Identification Not Required: “A notary public is not required to identify the two persons who witnessed the signing by mark or to have the two witnesses sign the notary public’s journal. Exception: If the witnesses were acting in the capacity of credible witnesses in establishing the identity of the person signing by mark, then the witnesses’ signatures should be entered in the notary public’s journal” (NPH).
Incomplete Documents
Acknowledgments and Proofs: “A notary public may not accept any acknowledgment or proof of any instrument that is incomplete” (GC 8205[a][2]).
All Notarial Acts: While the statutory prohibition applies specifically to acknowledgments and proofs, the California Secretary of State indicates that it applies to all forms of notarization: “A notary public may not notarize a document that is incomplete. If presented with a document for notarization, which the notary public knows from his or her experience to be incomplete or is without doubt on its face incomplete, the notary public must refuse to notarize the document” (NPH).
“A notary public must visually scan the document for completeness to ensure there are no blank lines or spaces for data to be entered at some later date…. A notary public must refuse to notarize a signature on a document the notary public can see is incomplete …” (NN, 2015).
Correcting Notarial Act
“There are no provisions in the law that allow for the correction of a completed notarial act. If a notary public discovers an error in a notarial act after completing the act, then the notary public should notarize the signature on the document again. All requirements for notarization are required for the new notarial act, including completing and attaching a new certificate containing the date of the new notarial act and completing a new journal entry” (NPH).
Advertisements
Misrepresentation: “The Secretary of State may refuse to appoint any person as notary public or may revoke or suspend the commission of any notary public upon any of the following grounds: … (f) The use of false or misleading advertising wherein the notary public has represented that the notary public has duties, rights, or privileges that he or she does not possess by law” (GC 8214.1[f]).
Mandatory Notice for Foreign-Language Ads: “(a) Every notary public who is not an attorney who advertises the services of a notary public in a language other than English by signs or other means of written communication, with the exception of a single desk plaque, shall post with that advertisement a notice in English and in the other language which sets forth the following:
“(1) This statement: I am not an attorney and, therefore, cannot give legal advice about immigration or any other legal matters.
“(2) The fees set by statute which a notary public may charge.
“(b) The notice required by subdivision (a) shall be printed and posted as prescribed by the Secretary of State.
“(c) Literal translation of the phrase ‘notary public’ into Spanish, hereby defined as ‘notario publico’ or ‘notario,’ is prohibited. For purposes of this subdivision, ‘literal translation’ of a word or phrase from one language to another means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language which is being translated” (GC 8219.5[a]-[[c]).Immigration Consultants: “A notary public who holds himself or herself out as being an immigration specialist, immigration consultant or any other title or description reflecting an expertise in immigration matters shall not advertise in any manner whatsoever that he or she is a notary public” (GC 8223[a]).
Disqualifying Interest
Personal: “A notary public shall not take the acknowledgment or proof of instruments of writing executed by the notary public nor shall depositions or affidavits of the notary public be taken by the notary public” (GC 8224.1).
Direct Financial or Beneficial Interest: “A notary public who has a direct financial or beneficial interest in a transaction shall not perform any notarial act in connection with such transaction.
“For purposes of this section, a notary public has a direct financial or beneficial interest in a transaction if the notary public:
“(a) With respect to a financial transaction, is named, individually, as a principal to the transaction.
“(b) With respect to real property, is named, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, or lessee, to the transaction” (GC 8224).Exceptions: “A notary public has no direct financial or beneficial interest in a transaction where the notary public acts in the capacity of an agent, employee, insurer, attorney, escrow, or lender for a person having a direct financial or beneficial interest in the transaction” (GC 8224).
Relatives: “A notary public may notarize for relatives …, unless doing so would provide a direct financial or beneficial interest to the notary public. Given California’s community property law, care should be exercised if notarizing for a spouse or a domestic partner” (NPH).
Unauthorized Practice of Law
Prohibition: “No person shall practice law in California unless the person is an active member of the State Bar” (Business and Professions Code [BPC] 6125).
“California notaries public are prohibited from performing any duties that may be construed as the practice of law. Among the acts which constitute the practice of law are the preparation, drafting, or selection or determination of the kind of any legal document, or giving advice in relation to any legal documents or matters. If asked to perform such tasks, a California notary public should decline and refer the requester to an attorney” (NPH).
“The Secretary of State may refuse to appoint any person as notary public or may revoke or suspend the commission of any notary public upon any of the following grounds: … (g) The practice of law in violation of Section 6125 of the Business and Professions Code” (GC 8214.1[g]).Translating Terms: Effective October 5, 2013, a non-attorney or immigration consultant is prohibited from translating various terms into another language. While similar provisions had already been in the California Government Code for some time (see, for example, the prohibition cited above in “Foreign-Language Advertising,” prohibiting use of the Spanish term “notario publico”), the effect of this law is to make literal translation of a broader range of English-language terms into any other language (not just Spanish) punishable under BPC 6126(a).
In-Person Electronic Notarization
Applicable Law
Uniform Electronic Transactions Act: California has adopted a modified version of the Uniform Electronic Transactions Act (CC 1633.1 through 1633.17), including the following provision recognizing the legal validity of electronic signatures used by Notaries:
“(a) If law requires that a signature be notarized, the requirement is satisfied with respect to an electronic signature if an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law.
“(b) In a transaction, if a law requires that a statement be signed under penalty of perjury, the requirement is satisfied with respect to an electronic signature, if an electronic record includes, in addition to the electronic signature, all the information as to which the declaration pertains together with a declaration under penalty of perjury by the person who submits the electronic signature that the information is true and correct” (CC 1633.11).Electronic Recording Delivery Act: Under California’s Electronic Recording Delivery Act of 2004 and amended in 2016, a “digital” electronic document (“record”) that is an instrument to be recorded consistent with Government Code Section 27201(a) may be electronically recorded — and thus these same documents may also be electronically notarized.
“‘Digital electronic record’ means a record containing information that is created, generated, sent, communicated, received, or stored by electronic means, but not created in original paper form” (GC 27390[b][3]).
Under the ERDA, “when a signature is required to be accompanied by a notary’s seal or stamp, that requirement is satisfied if the electronic signature of the notary contains all of the following:
“(1) The name of the notary.
“(2) The words ‘Notary Public.’
“(3) The name of the county where the bond and oath of office of the notary are filed.
“(4) The sequential identification number assigned to the notary, if any.
“(5) The sequential identification number assigned to the manufacturer or vendor of the notary’s physical or electronic seal, if any” (GC 27391[e]).
Electronic Seal: A Notary who performs notarial acts on electronic records must obtain an electronic seal from a seal manufacturer or vendor licensed by the Secretary of State to provide electronic seals.
Retention of Electronic Records: “If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information with the record, if the electronic record reflects accurately the information set forth in the record at the time it was first generated in its final form as an electronic record or otherwise, and the electronic record remains accessible for later reference” (CC 1633.12[a]).
Electronic Health Care Directives: An advance health care directive or power of attorney for health care may be in electronic form if the principal’s electronic signature is acknowledged before a Notary Public. If a digital signature is used, either it must meet the requirements of GC 16.5 and the California Code of Regulations (CCR), Title 2, Division 7, Chapter 10, Sections 22000 to 22005, or it must employ an algorithm approved by the National Institute of Standards and Technology (Probate Code 4673[b] and [b][1]).
To meet these requirements, the digital signature must:
(a) be unique to the person using it;
(b) be capable of verification;
(c) be under the sole control of the person using it;
(d) be linked to data in such a manner that if the data are changed, the signature is invalidated;
(e) exist with the document and not by association in separate files; and
(f) be bound to a digital certificate (Probate Code 4673[b][2] through [7]; GC 16.5[a]; 2 CCR 22002[a]).
Remote Notarial Acts
Applicable Law: In 2023, Chapter 291 (Senate Bill 696) enacted permanent online notarization statutes in California under new Article 2 that was added to Chapter 3 of Division 1 of Title 2 of the California Government Code.
California’s online notarization statutes will not take effect until the earlier of January 1, 2030, or the date when the Secretary of State completes its technology project to implement the new statutes. We will update this section closer to the effective date of the enacted law.
Use of Seal and Title
“A notary public shall not use the official notarial seal except for the purpose of carrying out the duties and responsibilities as set forth in this chapter. A notary public shall not use the title ‘notary public’ except for the purpose of rendering notarial service” (GC 8207).
Failure to Administer Oath or Affirmation
The Secretary of State may refuse to appoint any person as notary public or may revoke or suspend the commission of any notary public upon any of the following grounds: … (k) Failure to administer the oath or affirmation as required by paragraph (3) of subdivision (a) of Section 8205” (GC 8214.1[k]).
Advance Health Care Directives
California’s statutory Advance Health Care Directive must either be signed or acknowledged in the presence of a Notary or be signed in the presence of two witnesses. If the signer is a patient in a skilled nursing facility, a patient advocate or ombudsman must sign either as one of the two required witnesses or in addition to the notarization (Probate Code 4675[a] and 4701).
I-9 Forms
“A notary public may notarize the signature on a document affecting the immigration or citizenship status of any person; however, under current law, a notary public who is not also an immigration consultant cannot do the verification tasks in connection with completing immigration forms because this activity prohibited by the broad language of California Government Code section 8223 … A notary public acting only in the capacity of a notary public may notarize the signature(s) on the USCIS Form I-9 Federal Employment Verification. Unless a notary public also is qualified and bonded as an immigration consultant, a notary public cannot enter data provided by a customer on an immigration form, cannot sign the verification of that data, and cannot otherwise provide the services of an immigration consultant” (NN, 2020).
CERTIFICATE OF NOTARIAL ACT
Certificate Requirement
General Requirement: “It is not acceptable to affix a notary public seal and signature to a document without the correct notarial wording…. A notary public may not stamp a document with the official seal and then sign, or sign and date the document, without completing and attaching a notarial certificate” (NN 2015).
Acknowledgment Certificate Requirements
Documents Filed in California: The certificate wording that California Notaries must use depends on the type of notarial act being performed and, in the case of acknowledgments, on the state in which the document will be filed.
Prescribed Wording: Effective January 1, 1993, Notaries who take an acknowledgment on a document that will be filed within the state of California must use only the prescribed acknowledgment certificate wording (see below). This holds true whether the signer is signing as an individual or in a representative capacity.
As of January 1, 2006, acknowledgment certificate wording must be verbatim as prescribed in statute. “It is critical that you use the exact wording as prescribed in current law when completing a certificate of acknowledgment…. Failure to do so may subject you to civil penalties in an administrative action brought by the Secretary of State or a public prosecutor in superior court” (NN, 2014).Boxed Notice: Effective January 1, 2015, “any certificate of acknowledgment taken within this state shall include a notice at the top of the certificate of acknowledgment in an enclosed box stating: ‘A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.’ This notice shall be legible” (CC 1189[a][1]).
While the wording for an acknowledgment and its notice must be in exactly the form in statute, “the physical format of the boxed notice at the top of the certificate of acknowledgment … is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of paragraph (1)” (CC 1189[a][2]).
Evidence of Execution by Entity: As used in the California acknowledgment certificate, this phrase references the following statute: “The certificate of acknowledgment of an instrument executed on behalf of an incorporated or unincorporated entity by a duly authorized person in the form specified in Section 1189 shall be prima facie evidence that the instrument is the duly authorized act of the entity named in the instrument and shall be conclusive evidence thereof in favor of any good faith purchaser, lessee, or encumbrancer. ‘Duly authorized person,’ with respect to a domestic or foreign corporation, includes the president, vice president, secretary, and assistant secretary of the corporation” (CC 1190).
One Page Only: “The certificate of acknowledgment, including your signature and impression of your official seal, must be completed on one page. The official seal is not to be stamped on a separate page of the document” (NN, 2012).
Preprinted or Stapled Only: “The certificate of acknowledgment must be endorsed on or stapled to the instrument. Taping or paper-clipping the certificate of acknowledgment to the document is not permitted” (NN, 2012).
English Language Only: “The certificate of acknowledgment must be in the English language only. A certificate of acknowledgment written in a foreign language is not acceptable” (NN, 2012).
Documents Filed Out of State: “On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law” (CC 1189[c]).
False Certificate: “A notary public who willfully states as true any material fact that he or she knows to be false shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court and shall be enforced as a civil judgment. A public prosecutor shall inform the Secretary of any civil penalty imposed under this section” (CC 1189[a][4]).
The $10,000 civil penalty applies specifically to acknowledgment certificates, but “execution of any certificate … containing a statement known to the notary public to be false” is listed elsewhere as grounds for the Secretary of State to refuse, suspend or revoke a Notary commission (GC 8214.1[l]).
Jurat Certificate Requirements
Prescribed Wording: Notaries who take an affidavit, regardless of where the document will be filed, must use only the prescribed jurat certificate wording (see below). “It is critical that you use the exact wording as prescribed in current law when completing a … jurat. Failure to do so may subject you to civil penalties in an administrative action brought by the Secretary of State or a public prosecutor in superior court” (NN, 2014).
Boxed Notice: Effective January 1, 2015, “to any affidavit subscribed and sworn to before a notary, there shall be attached a jurat that includes a notice at the top, in an enclosed box, stating: ‘A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.’ This notice shall be legible” (GC 8202[b]).
While the wording for a jurat and its notice must be in exactly the form in statute, “the physical format of the boxed notice at the top of the jurat … is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of subdivision (b)” (GC 8202[c]).Military-Base Notaries: Jurats executed by Notaries serving on military bases must include the name of the base as well as the state and county in which the notarial act was performed (GC 8203.5).
Proof by Subscribing Witness Certificate Requirements
Prescribed Wording: Effective January 1, 2014, Notaries who take a proof of execution by subscribing witness, regardless of where the document will be filed, must use only the prescribed proof-by-subscribing-witness certificate wording (see below).
Boxed Notice: Effective January 1, 2015, “any certificate for proof of execution taken within this state shall include a notice at the top of the certificate for proof of execution in an enclosed box stating: ‘A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.’ This notice shall be legible” (CC 1195[c]).
While the wording for a proof of execution and its notice must be in exactly the form shown in statute, “the physical format of the boxed notice at the top of the certificate for proof of execution … is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of subdivision (c)” (CC 1195[d]).
Copy Certification of Power of Attorney Certificate Requirements
The certificate form for a copy of a power of attorney by a Notary is not contained in the statutes, unlike the forms of acknowledgment, jurat and proof of execution by subscribing witness. Rather, the statute specifies only that “[t]he certification shall state that the certifying person has examined the original power of attorney and the copy and that the copy is a true and correct copy of the original power of attorney” (Probate Code 43087[b] and [c]).
Certificate Forms
Acknowledgment (CC 1189[a][3])  State of California ) ss. On __________ (date) before me, __________ (here insert name and title of the notarizing officer), personally appeared __________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______________ (Seal) |
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Acknowledgment before Commissioned Military Officer by Person Serving with U.S. Armed Forces (CC 1183.5) On this the _____ day of _______, 20, before me, __________, the undersigned officer, personally appeared __________, known to me (or satisfactorily proven) to be (a) serving in the armed forces of the United States, (b) a spouse of a person serving in the armed forces of the United States, or (c) a person serving with, employed by, or accompanying the armed forces of the United States and outside the Canal Zone, Puerto Rico, Guam and the Virgin Islands, and to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same. And the undersigned does further certify that he/she is at the date of this certificate a commissioned officer of the armed forces of the United States having the general powers of a Notary Public under the provisions of Section 936 or 1044a of Title 10 of the United States Code (Public Law 90-632 and 101-510). (SIGNATURE OF OFFICER, RANK, BRANCH OF SERVICE AND CAPACITY IN WHICH SIGNED) |
Proof by Subscribing Witness (CC 1195[e]) State of California ) ss. On __________ (date), before me, __________ (name and title of officer), personally appeared __________ (name of subscribing witness), proved to me to be the person whose name is subscribed to the within instrument, as a witness thereto, on the oath of __________ (name of credible witness), a credible witness who is known to me and provided a satisfactory identifying document. __________ (name of subscribing witness), being by me duly sworn, said that he/she was present and saw/heard __________ (name[s] of principal[s]), the same person(s) described in and whose name(s) is/are subscribed to the within or attached instrument in his/her/their authorized capacity(ies) as (a) party(ies) thereto, execute or acknowledge executing the same, and that said affiant subscribed his/her name to the within or attached instrument as a witness at the request of __________ (name[s] of principal[s]). WITNESS my hand and official seal. Signature _______________ (Seal) |
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Jurat (GC 8202[d]) State of California Subscribed and sworn to (or affirmed) before me on this _____ day of _______, 20___, by __________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature _______________ (Seal) |
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Affidavit before Commissioned Military Officer by Person Serving with U.S. Armed Forces Subscribed and sworn to before me on this _____ day of _______, 20___. (SIGNATURE OF OFFICER, RANK, BRANCH OF SERVICE AND CAPACITY IN WHICH SIGNED) |
Copy Certification – Power of Attorney (NPH) State of California I, _________ (name of notary), Notary Public, certify that on _________ (date), I examined the original power of attorney and the copy of the power of attorney. I further certify that the copy is a true and correct copy of the original power of attorney. Signature _______________ (Seal) |
Correcting a Certificate
See “Correcting Notarial Act” under “Standards of Practice,” above.
Securing Certificate
“Both the certificate of acknowledgment and the jurat must be endorsed on or stapled to the instrument. Taping or paper-clipping the certificate of acknowledgment or jurat to the document is not permitted.
“Additionally, a certificate of acknowledgment or jurat cannot be completed and affixed to a document mailed or otherwise delivered to a notary public if the signer did not appear in person before the notary public, even if the signer is known by the notary public … To ensure they are used for their intended purpose, they always must be attached permanently to the instrument” (NN, 2018).
False Acknowledgment
A law effective January 1, 2006, makes a Notary guilty of the crime of forgery if he or she issues an acknowledgment certificate knowing it to be false. Any person who falsifies the acknowledgment of a Notary is also guilty of forgery (Penal Code 470[d]). Forgery is punishable by imprisonment in the state prison or the county jail for not more than one year (Penal Code 470a).
False certification by a Notary is also a misdemeanor under GC 6203[a].
SEAL AND SIGNATURE
Seal Requirement
Notarial Acts
General Requirement: “A notary public shall provide and keep an official seal … The notary public shall authenticate with the official seal all official acts” (GC 8207).
Specific Requirements: According to the Secretary of State’s “Procedures and Guidelines for the Issuance of Notary Public Seals,” a Notary seal must be:
(a) unique to the person using it;
(b) capable of verification;
(c) under the sole control of the person using it; and
(d) accepted in the same format and appearance as transmitted (website, “Seal Manufacturer Permits”).
In-Person Electronic Notarial Acts: Required (GC 8207).
Seal Format
Notarial Acts
Inked Stamp or Embosser: “The seal of every notary public shall be affixed by a seal press or stamp that will print or emboss a seal which legibly reproduces under photographic methods the required elements of the seal” (GC 8207).
Because of the inconvenience of “smudging” an embosser to make its impression photographable, virtually all California Notaries use inked stamps as their official seal. However, “notaries public may use an embosser seal in addition to the rubber stamp” (NPH).Shape/Size: Rectangular, not more than 1 inch wide by 2½ inches long; or circular, not more than 2 inches in diameter (GC 8207). Rectangular inking seals are nearly universal in the state.
Border: “A serrated or milled edged border” must surround all of the components below (GC 8207).
Components: A California Notary Public’s official seal must contain (GC 8207):
Name of Notary;
California state seal;
“Notary Public”;
Name of county where Notary’s oath and bond are filed;
Commission expiration date;
Notary commission number;
Seal manufacturer identification number.
In-Person Electronic Notarial Acts: Not explicitly prescribed.
Examples
The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals (shaded) which are allowed by California law. Formats other than these may also be permitted.
Purchasing Seal
Certificate of Authorization: Notaries purchasing an official seal must present an original Certificate of Authorization from the Secretary of State to a licensed seal manufacturer or vendor (GC 8207.3[a] and [b]).
The certificate may authorize the production or manufacture of more than one seal for a given Notary (website, “Procedures and Guidelines for the Issuance of Notary Public Seals”).Duplicate Certificate of Authorization: To obtain a new seal (e.g., to replace a lost or stolen seal or, in the case of a name change, to obtain a seal with the Notary’s new name), the Notary must obtain a duplicate Certificate of Authorization must be by submitting a written request to the Secretary of State. There is no charge for the issuance of a duplicate Certificate of Authorization (website, “Notary Frequently Asked Questions”).
Seal Manufacturers
Permit Required: Manufacturers of Notary seals must have been issued a permit from the Secretary of State in order to sell Notary Public seals, even if the manufacturer is located out of state (GC 8207.2[a] and [c]; website, “Seal Manufacturer Permits”).
Record of Seal: Manufacturers must keep a record of each seal sold for at least five years. Each original Certificate of Authorization is returned to the Secretary of State bearing an impression of the new seal and stating the manufacturer’s ID number (GC 8207.3[c] and [d]; website, “Procedures and Guidelines for the Issuance of Notary Public Seals” [PDF], which may be downloaded from the Secretary of State’s website).
Placement of Seal
“Your official seal must be placed in its entirety on the same page as the notarial certificate. Do not place an impression of the seal on every page of a document or fan the pages of the document and place an impression of the seal across all pages” (NN, 2014).
“A notary public may not stamp with the official seal any pages other than the page with a completed notarial certificate” (NN, 2013).
Legibility of Seal
“The seal of every notary public shall be affixed by a seal press or stamp … which legibly reproduces under photographic methods the required elements of the seal” (GC 8207).
“The seal should not be placed over signatures or over any printed matter on the document” (NPH).
Subdivision Maps
A Notary need not affix a seal on an acknowledgment certificate on a subdivision map as long as the Notary’s name, county of principal place of business and commission expiration date are typed or printed below the Notary’s signature (GC 66436[c]).
Security of Seal
Secured Under Notary’s Direct and Exclusive Control: “The seal shall be kept in a locked and secured area, under the direct and exclusive control of the notary. Failure to secure the seal shall be cause for the Secretary of State to take administrative action against the commission held by the notary public pursuant to Section 8214.1” (GC 8207).
“No one else except the notary public can have access to the seal. An office safe or file cabinet that is accessible by others, even if locked, is not acceptable, nor is a locked desk at home if other family members have access to the contents of the desk…. Remember to lock your seal in a secure area to avoid misuse by someone else” (NN, 2015).Willful Failure: “Any notary public … who willfully fails to keep the seal of the notary public under the direct and exclusive control of the notary public, or who surrenders the seal of the notary public to any person not otherwise authorized by law to possess the seal of the notary, shall be guilty of a misdemeanor” (GC 8228.1[a]; see also GC 8214.1[o]).
Lost, Destroyed, Damaged Seal
“Any notary whose official seal is lost, misplaced, destroyed, broken, damaged, or is rendered otherwise unworkable shall immediately mail or deliver written notice of that fact to the Secretary of State. The Secretary of State, within five working days after receipt of the notice, if requested by a notary, shall issue a Certificate of Authorization which a notary may use to obtain a replacement seal” (GC 8207.3[e]).
Seals of Other Notarial Officers
Officers taking acknowledgments or proofs must affix their signature and seal (if they are required by law to have one) and state the name of their office (CC 1193). Court officials must use a seal in authenticating their acts (GC 68074), as must county clerks (GC 26807).
Surrendering Seal
Employer or Other Person: “The official seal of a notary public is the exclusive property of that notary public, and shall not be surrendered to an employer upon the termination of employment, whether or not the employer paid for the seal, or to any other person” (GC 8207).
Court: “Upon conviction of any offense in this chapter, or of Section 6203, or of any felony, of a person commissioned as a notary public, in addition to any other penalty, the court shall revoke the commission of the notary public and shall require the notary public to surrender to the court the seal of the notary public. The court shall forward the seal, together with a certified copy of the judgment of conviction, to the Secretary of State” (GC 8214.8).
Destruction of Seal
“The notary, or his or her representative, shall destroy or deface the seal upon termination, resignation, or revocation of the notary’s commission” (GC 8207).
Notary Signature
All acknowledgments, depositions, affidavits, oaths, affirmations and copy certifications “shall be signed by the notary public in the notary public’s own handwriting” (GC 8205[a][2] through [4]).
RECORDS OF NOTARIAL ACTS
Records Requirement
Journal
Notarial Acts: Required.
In-Person Electronic Notarial Acts: Required (GC 8206[a][1]).
Journal Entries
Required Entries: The entries in a Notary’s journal for each notarial act must include (GC 8206[a]; NPH):
Date, time and type of each official act;
Character (type or title) of every document sworn to, affirmed, acknowledged or proved before the Notary;
Signature of each person whose signature is notarized, including the signature of any subscribing witness and the mark of a signer;
Statement regarding the type of satisfactory evidence relied on to identify the signer;
Fee charged for the notarial act or, if no fee was charged, “No Fee” or “0”;
If document is a power of attorney, deed, quitclaim deed, deed of trust or other document affecting real property, the right thumbprint (or any other available print) of the signer.
Type of Notarial Act: “Some notaries confuse the type of notarial act with the type of document. These are not the same. The type of act is the type of form certificate the notary public uses, such as a certificate of acknowledgment or a jurat. Only the type of certificate form the notary public uses should be entered in this category. A notary public should not write an abbreviation or an acronym to describe the type of act. This will avoid confusion or misunderstandings as to the contents of the journal entry and the type of notarial act performed. A journal entry that contains a line filled with indecipherable abbreviations is useless if a person requests a copy of a line item” (NN, 2018).
Satisfactory Evidence of Identity: “If identity was established by satisfactory evidence pursuant to Section 1185 of the Civil Code, the journal shall contain the signature of the credible witness swearing or affirming to the identity of the individual or the type of identifying document, the government agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document” (GC 8206[a][2][D]). These requirements apply when the credible witness is identifying either a subscribing witness or a principal signer (NPH).
“If the identity of the person making the acknowledgment or taking the oath or affirmation was established by the oaths or affirmations of two credible witnesses whose identities are proven to the notary public by presentation of any document satisfying the requirements of paragraph (3) or (4) of subdivision (b) of Section 1185 of the Civil Code, the notary public shall record in the journal the type of documents identifying the witnesses, the identifying numbers on the documents identifying the witnesses, and the dates of issuance or expiration of the documents identifying the witnesses” (GC 8206[a][2][E]). When a signer’s identity is proven by the oath or affirmation of two credible witnesses, the Secretary of State stipulates that “the journal shall contain the signatures of the credible witnesses and the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issuance or expiration of the document establishing the identity of the credible witness” (NPH).Signature: “The signature of the person who requested the notarial act could be critical in an investigation that includes handwriting analysis. Secretary of State Investigators have found instances where a signature is captured incorrectly on one diagonal line drawn through several line items in an attempt to show one person signed multiple documents. California Government Code section 8206(c) requires a signature for each line item.
Subscribing Witness Signature: The subscribing witness must sign the notary public’s journal (NPH).
Signer Making Mark: “The signer by mark must include his or her mark in the notary public journal. To qualify as a signature, the making of the mark in the notary public journal must be witnessed by an individual who must write the person’s name next to the mark and then sign his or her own name as a witness” (NPH).
Thumbprint: “If the document to be notarized is a deed, quitclaim deed, deed of trust or other document affecting real property, or a power of attorney document, the notary public shall require the party signing the document to place his or her right thumbprint in the journal. If the right thumbprint is not available, then the notary shall have the party use his or her left thumb, or any available finger and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumbprint or fingerprint, the notary shall so indicate in the journal and shall also provide an explanation of that physical condition. This paragraph shall not apply to a trustee’s deed resulting from a decree of foreclosure or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, nor to a deed of reconveyance” (GC 8206[a][2][G]). For the Notary’s failure to obtain a journal thumbprint as required, a civil fine of up to $2,500 may be imposed by the Secretary of State or any public prosecutor (GC 8214.23[a]).
Shortcuts, Abbreviations: “If you are notarizing multiple documents for a signer or signers, each notarial act must be indicated clearly in your journal. Hash marks, ditto marks, arrows, lines, or other shortcuts do not meet the requirements for entering a complete notarial act into your journal” (NN, 2018)
“Record, without abbreviations, all the information required by law to be recorded for each and every notarial act. Any member of the public may request a copy of a specific line item entry from the journal, which would be useless if that line is filled with indecipherable abbreviations or quotation marks. A complete entry is necessary to provide a complete record of the notarial act” (NN, 2020).Recording Loan Documents: “The type of document entered [in the journal] also indicates whether a thumb print must be captured. Avoid using generic words such as “loan docs.” These terms are too general and do not specify to the character of the instrument as required by California Government Code section 8206(a)(2)(B). If asked about a line item from your journal three years after the entry was made, would you remember what specific “loan doc” was referenced three years earlier?
“When a notary public is performing several notarizations as part of a loan package, the notary public must identify each notarization (official act) performed. Recording one entry in a journal for all loan documents or using ditto marks or hash marks under the first journal notarial act to the last notarial act is not in compliance with California Government Code section 8206(a)(1). Nor does it provide any member of the public a complete line item journal entry if it is requested.” (NN, 2018).
Inspection, Copying of Journal
Members of the Public: “Upon written request of any member of the public, which request shall include the name of the parties, the type of document, and the month and year in which notarized, the notary shall supply a photostatic copy of the line item representing the requested transaction at a cost of not more than thirty cents ($0.30) per page” (GC 8206[c]).
“Upon receiving a request for a copy of a transaction pursuant to subdivision (c) of Section 8206, the notary shall respond to the request within 15 business days after receipt of the request and either supply the photostatic copy requested or acknowledge that no such line item exists. In a disciplinary proceeding for noncompliance with subdivision (c) of Section 8206 or this section, a notary may defend his or her delayed action on the basis of unavoidable, exigent business or personal circumstances” (GC 8206.5).Employers: “A notary public who is an employee shall permit inspection and copying of journal transactions by a duly designated auditor or agent of the notary public’s employer, provided that the inspection and copying is done in the presence of the notary public and the transactions are directly associated with the business purposes of the employer. The notary public, upon the request of the employer, shall regularly provide copies of all transactions that are directly associated with the business purposes of the employer but shall not be required to provide copies of any transaction that is unrelated to the employer’s business. Confidentiality and safekeeping of any copies of the journal provided to the employer shall be the responsibility of that employer” (GC 8206[d]).
Subpoena or Court Order: “The notary public shall provide the journal for examination and copying in the presence of the notary public upon receipt of a subpoena duces tecum or a court order, and shall certify those copies if requested” (GC 8206[e]).
Secretary of State: A Notary must furnish certified copies of the Notary’s journal upon written request from the Secretary of State (GC 8205[b][1]). A Notary must respond within 30 days to any written request, sent by certified mail from the Secretary, for information relating to the Notary’s official acts (GC 8205[b][2]).
Peace Officers: “The Secretary of State or a peace officer, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, possessing reasonable suspicion and acting in his or her official capacity and within his or her authority, may enforce the provisions of this chapter [Government Code Title 2, Division 1, Chapter 3, “Notaries Public”] through the examination of a notary public’s books, records, letters, contracts, and other pertinent documents relating to the official acts of the notary public” (GC 8228).
Security of Journal
Secured Under Notary’s Direct and Exclusive Control: “The journal shall be kept in a locked and secured area, under the direct and exclusive control of the notary” (GC 8206[a][1]).
“California Government Code sections 8206(a)(1) and 8207 require the journal and stamp to be stored in a locked and secure area under the direct and exclusive control of the notary public.
“An unattended locked car or briefcase should not be considered a secure location to store your notary public journal and stamp. A locked office safe or file cabinet that is accessible by others is not acceptable, nor is a locked desk at home if other family members have access to the contents of the desk” (NN, 2018).Failure to Secure Journal: “Failure to secure the journal shall be cause for the Secretary of State to take administrative action against the commission held by the notary public pursuant to Section 8214.1” (GC 8206[a][1]).
Surrendering Journal
Employer or Other Person: “The journal of notarial acts of a notary public is the exclusive property of that notary public, and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for the journal, or at any other time. The notary public shall not surrender the journal to any other person …” (GC 8206[d]).
Peace Officer: A Notary must surrender his or her journal “immediately, or if the journal is not present then as soon as possible, upon request to a peace officer investigating a criminal offense who has reasonable suspicion to believe the journal contains evidence of a criminal offense, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, acting in his or her official capacity and within his or her authority. If the peace officer seizes the notary journal, he or she must have probable cause as required by the laws of this state and the United States. A peace officer or law enforcement agency that seizes the journal shall notify the Secretary of State by facsimile within 24 hours, or as soon as possible thereafter, of the name of the notary public whose journal has been seized. The notary public shall obtain a receipt for the journal, and shall notify the Secretary of State by certified mail within 10 days that the journal was relinquished to a peace officer. The notification shall include the period of the journal entries, the commission number of the notary public, the expiration date of the commission, and a photocopy of the receipt. The notary public shall obtain a new sequential journal. If the journal relinquished to a peace officer is returned to the notary public and a new journal has been obtained, the notary public shall make no new entries in the returned journal” (GC 8206[d]).
Willful failure to provide access to the journal upon request by a peace officer may be grounds for the Secretary of State to refuse, suspend or revoke a Notary commission (GC 8214.1[r]). In addition, for such failure to provide access to the journal a civil fine of up to $2,500 may be imposed by the Secretary or any public prosecutor (GC 8214.21).County Clerk: “(a) If any notary public resigns, is disqualified, removed from office, or allows his or her appointment to expire without obtaining reappointment within 30 days, all notarial records and papers shall be delivered within 30 days to the clerk of the county in which the notary public’s current official oath of office is on file. If the notary public willfully fails or refuses to deliver all notarial records and papers to the county clerk within 30 days, the person is guilty of a misdemeanor and shall be personally liable for damages to any person injured by that action or inaction.
“(b) In case of the death of a notary public, the personal representative of the deceased shall promptly notify the Secretary of State of the death of the notary public and shall deliver all notarial records and papers of the deceased to the clerk of the county in which the notary public’s official oath of office is on file.
“(c) After 10 years from the date of deposit with the county clerk, if no request for, or reference to such records has been made, they may be destroyed upon order of court” (GC 8209).
Lost, Stolen, Damaged Journal
“If a sequential journal of official acts performed by a notary public is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable as a record of notarial acts and information, the notary public shall immediately notify the Secretary of State by certified or registered mail. The notification shall include the period of the journal entries, the notary public commission number, and the expiration date of the commission, and when applicable, a photocopy of any police report that specifies the theft of the sequential journal of official acts” (GC 8206[b]).
Failure to Maintain Journal
“Any notary public who willfully fails to perform any duty required of a notary public under Section 8206 … shall be guilty of a misdemeanor” (GC 8228.1[a]).
Section 8206 of the Government Code covers requirements related to the Notary’s journal. The misdemeanor penalty, therefore, applies if a Notary fails to meet certain journal-related requirements, including but not limited to the following: properly maintain, secure or retain the journal; notify the Secretary of State if the journal is lost, stolen, rendered unusable or surrendered to a peace officer; or permit a lawful inspection or copying of the journal (GC 8206[a] through [e]; see also GC 8214.1[o]).
Destroying, Defacing, Concealing Journal
“If any person shall knowingly destroy, deface, or conceal any records or papers belonging to the office of a notary public, such person shall be guilty of a misdemeanor and be liable in a civil action for damages to any person injured as a result of such destruction, defacing, or concealment” (GC 8221[a]).
FEES FOR NOTARIAL ACTS
Maximum Fees
Effective January 1, 2017, the maximum fees that a California Notary may charge for a notarial act are:
Notarizing a signature, either by acknowledgment, proof or jurat: $15 per signature of principal
(GC 8211[a] and [b]);
Administering an oath or affirmation, apart from a jurat: $15 per person (GC 8211[b]);
For all services rendered in connection with taking a deposition: $30, plus $7 for the oath and $7 for the certificate (GC 8211[c]);
For certifying a copy of a power of attorney, $15 (GC 8211[e]);
For a photocopy of a journal entry: $0.30 per page (GC 8206[c]).
Fees Optional
“[A] notary public may decide to charge no fee or an amount that is less than the maximum amount prescribed by law. The charging of a fee and the amount of the fee charged is at the discretion of the notary public or the notary public’s employer, provided it does not exceed the maximum fees” (NPH).
Travel Fees
“A notary is permitted to charge a fee, aside from the notarization fee, for traveling and other services completed as part of their notarial service, such as duplication of copies, provided that the customer is apprised of these charges in advance” (NN, 2000).
Military, Government Notaries
“Officers of the state, or of a county or judicial district, shall not perform any official services unless upon the payment of the fees prescribed by law for the performance of the services, except as provided in this chapter.
“This section shall not be construed to prohibit any notary public, except a notary public whose fees are required by law to be remitted to the state or any other public agency, from performing notarial services without charging a fee” (GC 6100).
One of the exceptions referenced in the first paragraph of GC 6100 is Notaries appointed for military bases, who may not charge for notarial services performed on the base (GC 8203.6).
One of the potential exceptions referenced in the second paragraph of GC 6100 is Notaries appointed to act for certain public agencies. Any fees collected or obtained by such Notaries must be remitted to the employing agency (GC 8202.5).
Private Employer Fee Agreement
“A private employer, pursuant to an agreement with an employee who is a notary public, may pay the premiums on any bond and the cost of any stamps, seals, or other supplies required in connection with the appointment, commission, or performance of the duties of such notary public. Such agreement may also provide for the remission of fees collected by such notary public to the employer, in which case any fees collected or obtained by such notary public while such agreement is in effect shall be remitted by such notary public to the employer which shall deposit such funds to the credit of the fund from which the compensation of the notary public is paid” (GC 8202.7). If a Notary has entered into such an agreement with a private employer, the employer may limit the employee to notarizing “solely to transactions directly associated with the business purposes of the employer” during the employee’s normal working hours (GC 8202.8).
Immigration Fees
Maximum Fee: Nonattorney Notaries may not charge more than $15 for any services related to a set of immigration forms for one person, apart from the above notarial fees (GC 8223[b]).
“Price Gouging”
Prohibition: Effective January 1, 2014, Notaries are prohibited from practices defined as “price gouging” in providing services to any person filing an application under the federal Deferred Action for Childhood Arrivals program: “(a) Immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals shall be the only individuals authorized to charge clients or prospective clients fees for providing consultations, legal advice, or notary public services, respectively, associated with filing an application under the federal Deferred Action for Childhood Arrivals program announced by the United States Secretary of Homeland Security on June 15, 2012.
“(b)(1) Immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals shall be prohibited from participating in practices that amount to price gouging when a client or prospective client solicits services associated with filing an application for deferred action for childhood arrivals as described in subdivision (a).
“(2) For the purposes of this section, ‘price gouging’ means any practice that has the effect of pressuring the client or prospective client to purchase services immediately because purchasing them at a later time will result in the client or prospective client paying a higher price for the same services” (BPC 22449).
Penalties: In addition to the civil and criminal penalties described in Business and Professions Code Section 22445, Notaries who engage in price gouging may be subject to commission revocation or suspension by the Secretary of State, as well as other possible penalties for Notaries under Government Code 8200 et seq.
Prohibited Fees
Voting Materials: “No fee may be charged to notarize signatures on vote by mail ballot identification envelopes or other voting materials” (GC 8211[d]).
Pensions or Veteran Claims: “Pursuant to Government Code section 6106, no fee shall be collected by a notary public working for a public entity for services rendered in an affidavit, application, or voucher in relation to the securing of a pension” (NPH).
“In accordance with Section 6107, no fee may be charged to a United States military veteran for notarization of an application or a claim for a pension, allotment, allowance, compensation, insurance, or any other veteran’s benefit” (GC 8211[f]).Circulator’s Affidavit: No fee may be charged by a Notary for verifying any nomination document or circulator’s affidavits (Elections Code 8080).
Military or Naval Reservation Notaries Public: Notaries Public appointed to military or naval reservations may not charge a fee for their services (GC 8203.6).
REAL ESTATE PRACTICES
Notary Signing Agents
Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of California.
Court Clarifies NSA Fees: A January 2013 ruling by the California Court of Appeals, Fifth District, in the case of Hutton v. Fidelity National Title Company (No. F063318/F063922), affirmed a trial court in declaring that a title insurance company that paid a Notary Signing Agent a $75 fee for notarizing two signatures for a homeowner did not violate GC 8211, which specifies [at the time of trial] a fee of only $10 per acknowledgment. The Notary was an independent contractor hired by Fidelity and not an agent or employee of the defendant. Introduced as evidence in the case, the Notary’s journal had an entry for each of the two notarizations and a notation that $10 was charged for each. The appellate court held that reasonable inference could be drawn from the Notary’s journal and deposition that only $10 was charged for each acknowledgment, as allowed by GC 8211, and that the total of $75 was attributable to the fact that other services were performed by the Notary (e.g., home visitation). The court concluded that the Notary journal and deposition constituted prima facie negation of the claim that Fidelity violated the statute by charging $75. This publishable ruling of the appellate court of the Fifth District, which includes the counties of Fresno, Kern, Kings, Madera, Mariposa, Merced, Stanislaus, Tulare, and Tuolumne, applies only to California but could be relied on by courts in other states in deciding similar cases.
Recording Requirements
Acknowledgment: “Unless it belongs to the class provided for in either Sections 27282 to 27286, inclusive, or Section 1202 or 1203, of the Civil Code, or is a fictitious mortgage or deed of trust as provided in Section 2952 or 2963 of the Civil Code, or is a fictitious oil and gas lease as provided in Section 1219 of the Civil Code, or is a claim of lien under Section 8416 of the Civil Code or a notice of completion under Section 8182 or 9204 of the Civil Code, before an instrument can be recorded its execution shall be acknowledged by the person executing it, or if executed by a corporation, by its president or secretary or other person executing it on behalf of the corporation, or, except for any power of attorney, quitclaim deed, grant deed, mortgage, deed of trust, security agreement, or other document affecting real property, proved by subscribing witness or as provided in Sections 1198 and 1199 of the Civil Code, and the acknowledgment or proof certified as prescribed by law. This section shall not apply to a trustee’s deed resulting from a decree of foreclosure, or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, or to a deed of reconveyance” (GC 27287).
Names and Signatures: “The names of parties required to be indexed appearing in any instrument, paper, or notice presented for recordation shall be legibly signed, typed, or printed therein before acceptance by the county recorder. The names of all persons executing or witnessing a document shall be legibly signed or shall be typed or printed to the side of or below the signature. The absence or neglect to legibly sign, type, or print the names shall not affect the notice otherwise imparted by recording” (GC 27280.5).
Margins: “Except as otherwise provided by law or regulation, all documents submitted for recording shall have at least a ½-inch margin on the two vertical sides except in the space reserved for recording information. At least the top 2½ inches of the first page or sheet shall be reserved for recording information. The left-hand 3½ inches of the space shall be used by the public to show the name of the person requesting recording and the name and address to which the document is to be returned following recording. In the event the first page or sheet of a document does not comply with these requirements, a separate page shall be attached by the party requesting recording to the front of the document which meets these criteria and which reflects the title or titles of the document as required by Section 27324. Any printed form accepted for recordation that does not comply with the foregoing shall not affect the notice otherwise imparted by recording” (GC 27361.5).
Non-Reproducible Seal: “A notary acknowledgment shall be deemed complete for recording purposes without a photographically reproducible official seal of the notary public if the seal, as described in Section 8207, is present and legible, and the name of the notary, the county of the notary’s principal place of business, the notary’s telephone number, the notary’s registration number, and the notary’s commission expiration date are typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notary’s signature in the acknowledgment” (GC 27201.5[a]).
RECOGNITION OF NOTARIAL ACTS
Notarial Acts in California
Acknowledgments and Proofs: “The proof or acknowledgment of an instrument may be made at any place within this state before a justice, retired justice, or Clerk/Executive Officer of the Supreme Court, a justice, retired justice, or clerk of any court of appeal or judge or retired judge of a superior court, or the Secretary of the Senate or Chief Clerk of the Assembly” (CC 1180).
“The proof or acknowledgment of an instrument may be made before a notary public at any place within this state, or within the county or city and county in this state in which the officer specified below was elected or appointed, before either:
“(a) A clerk of a superior court.
”(b) A county clerk.
“(c) A court commissioner.
“(d) A retired judge of a municipal or justice court.
“(e) A district attorney.
“(f) A clerk of a board of supervisors.
“(g) A city clerk.
“(h) A county counsel.
“(i) A city attorney.
“(j) Secretary of the Senate.
“(k) Chief Clerk of the Assembly” (CC 1181).
“When any of the officers mentioned in Sections 1180, 1181, 1182, and 1183 are authorized by law to appoint a deputy, the acknowledgment or proof may be taken by such deputy, in the name of his principal” (CC 1184).Oaths and Affirmations: “An executive officer, a judicial officer, and a Member of the Legislature may administer and certify oaths” (GC 1225[a]).
“A court, judge or clerk of any court, justice … and officer or person authorized to take testimony in any action or proceeding, or to decide upon evidence, has the power to administer oaths and affirmations” (CCP 2093[a]). Certified shorthand reporters who are not Notaries may administer oaths and affirmations for depositions and may charge a fee for doing so (CCP 2093[b]). Finally, when certain criteria are met, former judges and justices have the power to administer oaths and affirmations. Effective January 1, 2016, the exclusion of judges and justices who were retired by the Supreme Court for disability has been removed (CCP 2093[c]; see also GC 1225[b][1]).
Notarial Acts in U.S. State or Jurisdiction
Notarial Acts: “(a) A notarial act performed in another state shall be afforded the same legal effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by any of the following:
“(1) A notary public of that state.
“(2) A judge, clerk, or deputy clerk of a court of that state.
“(3) Any other individual authorized by the law of that state to perform the notarial act.
“(b) (1) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(2) The signature and title of a notarial officer described in paragraph (1) or (2) of subdivision (a) conclusively establish the authority of the officer to perform the notarial act” (GC 8232.1).Proofs and Acknowledgments: “The proof or acknowledgment of an instrument may be taken without this state, but within the United States, and within the jurisdiction of the officer, by any of the following:
“(a) A justice, judge, or clerk of any court of record of the United States. “
”(b) A justice, judge, or clerk of any court of record of any state.
“(c) A commissioner appointed by the Governor or Secretary of State for that purpose.
“(d) A notary public.
“(e) Any other officer of the state where the acknowledgment is made authorized by its laws to take such proof or acknowledgment” (CC 1182).
“When any of the officers mentioned in Sections 1180, 1181, 1182, and 1183 are authorized by law to appoint a deputy, the acknowledgment or proof may be taken by such deputy, in the name of his principal” (CC 1184).Affidavits: “An affidavit taken in another State of the United States, to be used in this State, may be taken before a Commissioner appointed by the Governor of this State to take affidavits and depositions in such other State, or before any Notary Public in another State, or before any Judge or Clerk of a Court of record having a seal” (Code of Civil Procedure 2013).
Notarial Acts Under Authority of Federally Recognized Tribe
“(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe shall be afforded the same legal effect under the law of this state as if performed by a notarial officer of this state, if the act performed in the jurisdiction of that tribe is performed by any of the following:
“(1) A notary public of the tribe.
“(2) A judge, clerk, or deputy clerk of a court of the tribe.
“(3) Any other individual authorized by the law of the tribe to perform the notarial act.
“(b) (1) The signature and title of an individual performing a notarial act under the authority and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(2) The signature and title of a notarial officer described in paragraph (1) or (2) of subdivision (a) conclusively establish the authority of the officer to perform the notarial act” (GC 8232.2).
Notarial Acts Under Federal Law
“(a) A notarial act performed under federal law shall be afforded the same legal effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by any of the following:
“(1) A judge, clerk, or deputy clerk of a court.
“(2) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law.
“(3) An individual designated a notarizing officer by the United States Department of State for performing notarial acts.
“(4) Any other individual authorized by federal law to perform the notarial act.
“(b) (1) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(2) The signature and title of a notarial officer described in paragraph (1), (2), or (3) of subdivision (a) conclusively establish the authority of the officer to perform the notarial act” (GC 8232.3).
Notarial Acts Outside the U.S.
“(a) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act shall be afforded the same legal effect under the law of this state as if performed by a notarial officer of this state.
“(b) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
“(c) The signature and official stamp of an individual holding an office described in subdivision (b) are prima facie evidence that the signature is genuine and the individual holds the designated title.
“(d) An apostille in the form prescribed by the October 5, 1961, Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille Convention), and issued by a foreign state party to the convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
“(e) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office” (GC 8232.4).
Proofs and Acknoweldgments: “(a) The proof or acknowledgment of an instrument may be taken without the United States, by any of the following:
“(1) A minister, commissioner, or chargè d’affaires of the United States, resident and accredited in the country where the proof or acknowledgment is made.
“(2) A consul, vice-consul, or consular agent of the United States, resident in the country where the proof or acknowledgment is made.
“(3) A judge of a court of record of the country where the proof or acknowledgment is made.
“(4) Commissioners appointed by the Governor or Secretary of State for that purpose.
“(5) A notary public.
“If the proof or acknowledgment is taken by a notary public, the signature of the notary public shall be proved or acknowledged (1) before a judge of a court of record of the country where the proof or acknowledgment is taken, or (2) by any American diplomatic officer, consul general, consul, vice-consul, or consular agent, or (3) by an apostille (certification) affixed to the instrument pursuant to the terms of The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents” (CC 1183).
“When any of the officers mentioned in Sections 1180, 1181, 1182, and 1183 are authorized by law to appoint a deputy, the acknowledgment or proof may be taken by such deputy, in the name of his principal” (CC 1184).
Notarial Acts by Military Personnel
“Any officer on active duty or performing inactive–duty training in the armed forces having the general powers of a notary public pursuant to Section 936 or 1044a of Title 10 of the United States Code (Public Law 90–632 and 101–510) and any successor statutes may perform all notarial acts for any person serving in the armed forces of the United States, wherever he or she may be, or for any spouse of a person serving in the armed forces, wherever he or she may be, or for any person eligible for legal assistance under laws and regulations of the United States, wherever he or she may be, for any person serving with, employed by, or accompanying such armed forces outside the United States and outside the Canal Zone, Puerto Rico, Guam and the Virgin Islands, and any person subject to the Uniform Code of Military Justice outside of the United States” (CC 1183.5).
AUTHENTICATION OF NOTARIAL ACTS
County Clerk Offices
Locally, authenticating certificates for Notaries may be obtained at the office of the county clerk where the Notary has filed his or her oath and bond. This is the county named in the Notary’s seal.
Secretary of State
Authenticating certificates for California Notaries, including apostilles, are issued by the Notary Public Section of the Secretary of State’s main office in Sacramento and the regional office in Los Angeles (website, “Apostille or Certification”).
Mailing:
Office of Secretary of State Notary Public Section
P.O. Box 942877
Sacramento, CA 94277-0001In Person (Main Office):
Office of Secretary of State Notary Public Section
1500 11th St., 2nd Floor
Sacramento, CA 95814Delivery Other Than USPS
Office of Secretary of State Notary Public Section
1500 11th St., 2nd Floor
Sacramento, CA 95814Phone: 916-653-3595
In Person (Regional Office):
Office of Secretary of State Los Angeles Office
300 South Spring St., Room 12513
Los Angeles, CA 90013Phone: 213-897-3062
Procedure
Mail Only Requests: Requests may be submitted by mail only to the Sacramento office.
In-Person Requests: Requests may be submitted in person at either the Sacramento or the Los Angeles office. No appointments are required.
In-Person “Pop-Up Shops”: In 2024, the Secretary of State began hosting Apostille “pop-up shops” in select counties that allow customers to present their documents in person for an Apostille or certification without having to mail documents to the Sacramento office. See https://www.sos.ca.gov/notary/request-apostille for a list of upcoming pop-up shop dates and locations.
Original Document: Persons requesting authentication may mail or present in person the original notarized document. If delivery by a service other than USPS, the document, request cover sheet and fee (see below) can be sent to the Secretary’s physical address (see above) (website, “Request an Apostille”).
Cover Sheet: The original document must be accompanied by a cover sheet stating the country in which the document will be used. An Apostille Mail Request Cover Sheet (available for download from the Secretary of State’s website) may be used for this purpose, or the requester may write their own. the appropriate fee, and a letter indicating the country of destination (website, “Request an Apostille”). For customers presenting their documents in person at the Los Angeles office, there is a specific Apostille Pop-Up Shop Request Cover Sheet (Los Angeles) that may be downloaded from the Secretary’s website (see URL above).For customers attending an Apostille pop-up shop, there is a specific Apostille Pop-Up Shop Request Cover Sheet that may be downloaded from the Secretary’s website (see URL above).
Return Delivery: For mail-in requests, an addressed return envelope (no postage required) must be included. If a mail-tracking service is used, a pre-paid airbill must be provided (website, “Request an Apostille”).
Fee
Standard Fee: $20 per Apostille or certification.
Walk-In Requests, Pop-Up Shops: For walk-in and pop-up shop requests, there is an additional special handling fee of $6 for each different public official’s signature to be authenticated.
Forms of Payment: When requests are submitted by mail, payment may be made by check or money order, payable to “Secretary of State.” When requests are submitted in person, credit cards also may be used (VISA or MasterCard). Cash is not accepted (website, “Request an Apostille”).
Processing Time: Processing times can vary, but the Secretary of State posts current processing times for Apostille/certification requests at https://www.sos.ca.gov/notary/processing-times.
Improper Notarizations: “Documents submitted to the Secretary of State for signature authentication cannot be processed if the notarial act was improperly performed” (NN, 2013).
Apostille Verification: Apostilles issued by the California Secretary of State on or after October 1, 2006, may be verified online at the Secretary’s website (website, “Verification of Authentication Certificate (Apostille)”).
© 2024 National Notary Association.